Truck Accidents

Simple physics dictate the results when an 18-wheeler truck collides with a passenger car: The human body is no match for the force created by the speed, size and weight of the vehicles involved. Victims will likely experience catastrophic injury or wrongful death.

At the Alabama law firm of Marsh, Rickard & Bryan, our team of attorneys and legal staff have significant experience in handling truck accidents and obtaining compensation for our clients. Contact our firm to discuss your legal options.

Protecting Clients’ Rights and Interests

One of the most helpful steps an injured person can take after a truck crash is to speak with an experienced personal injury lawyer before speaking with insurance company representatives. Families of loved ones lost in fatal trucking accidents, too, may benefit from obtaining legal counsel about wrongful death claims. When you hire a truck accident attorney, you want someone who understands the many factors that can contribute to a truck crash or big rig accident, such as:

• Driver fatigue
• Driver impairment by alcohol or stimulating drugs like methamphetamine (meth)
• Failure to obey traffic signs and lights
• Failure to maintain proper control of the truck
• Loads improperly stacked or secured

Our team of trial lawyers at Marsh, Rickard & Bryan, has a proven record of success for clients. We are fast and aggressive in conducting the initial investigation, and we know what the right questions are to ask of witnesses. Further, we stay current on all the federal trucking regulations and have the technical resources required to build a solid case.

Using Technology To Enhance Cases

Visual evidence can have a powerful impact at trial. After gathering all the evidence following a truck crash or 18-wheeler accident, our experienced lawyers use cutting-edge visual presentation methods such as “Sanction” and “Case Map” in their truck accident cases. The ability to use illustrations, photos, graphs and timelines to fully explain complicated concepts and confusing chains of events is a powerful tool in the courtroom.

At Marsh, Rickard & Bryan, we utilize a multi-step process to build a compelling claim for our clients:

1. Accident Investigation: We work closely with accident reconstruction specialists and review electronic logging device (ELD) data, surveillance footage, and witness statements.
2. Evidence Collection: Gathering maintenance records, driver logs, and company safety policies is crucial in establishing negligence.
3. Expert Testimony: We partner with industry experts, including mechanical engineers and medical professionals, to provide credible testimony.
4. Negotiation With Insurers: We have extensive experience negotiating with trucking companies and insurers who may try to minimize payouts.

Our thorough approach means that we prepare each case as if it’s going to trial, ensuring that we are always ready to fight for your rights.

Common Injuries in Truck Accidents

Truck accidents often result in severe, life-altering injuries due to the immense size and weight of commercial vehicles. Common injuries include:

• Traumatic Brain Injuries (TBI): Can result in cognitive impairments or long-term disabilities.
• Spinal Cord Injuries: May lead to partial or full paralysis.
• Internal Organ Damage: Can cause life-threatening complications.
• Broken Bones And Lacerations: Often require multiple surgeries and extensive rehabilitation.

Our legal team understands the physical, emotional, and financial toll these injuries take, and we are dedicated to helping you recover the full compensation needed to cover medical expenses, rehabilitation, lost wages, and pain and suffering.

The Importance of Thorough Investigation

In some cases, entities other than the driver or company may hold partial responsibility. This could include other drivers who indirectly caused the incident, companies responsible for cargo loading, or even municipal bodies in charge of road maintenance and safety features. Identifying these parties is crucial for a comprehensive assessment of liability.

Establishing liability accurately requires a detailed and methodical investigation. Legal professionals often collaborate with accident reconstruction experts, mechanical engineers, and safety consultants to gather and analyze evidence. This process is vital to ensure that all factors contributing to the accident are considered.

If you find yourself involved in a commercial vehicle accident, securing skilled legal representation is imperative. An experienced attorney can navigate the complex web of potential liabilities, advocate on your behalf, and ensure that your case is presented effectively.

Determining Liability in a Truck Accident Case

Determining liability in truck accident cases can be complex due to the involvement of multiple parties. Our Alabama attorneys thoroughly investigates every detail to identify all responsible parties, which may include:

• Truck Driver: Drivers might be negligent due to fatigue, impairment, or distracted driving.
• Trucking Company: Companies could be liable for poor hiring practices, inadequate training, or pressuring drivers to exceed safe hours.
• Vehicle Manufacturer: Defective parts like faulty brakes or tires could contribute to the accident.
• Maintenance Provider: Neglecting routine inspections and repairs can lead to dangerous malfunctions.
• Cargo Loaders: Improperly loaded or secured cargo can shift, causing the truck to lose balance.

Our in-depth approach is designed to make sure no detail is overlooked, every possible cause is investigated, and every source of compensation is pursued on your behalf.

Federal and State Regulations Governing Trucking

Truck drivers and companies must adhere to strict regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Our attorneys have extensive knowledge of these laws, which include:

• Hours of Service (HOS) Rules: Regulate how long a driver can be on the road to prevent fatigue.
• Vehicle Maintenance Requirements: Mandate regular inspections and prompt repairs.
• Drug and Alcohol Testing Policies: Require testing for substances that impair driving ability.

Our team leverages this expertise to identify any regulatory violations that could strengthen your case.

The Tactics Trucking Companies Use to Avoid Liability

Trucking companies and their insurers often deploy aggressive strategies to dispute or diminish your claim. Some common tactics include:

• Blaming The Victim: Arguing that you were at fault or partially responsible for the accident.
• Destroying Evidence: Failing to preserve crucial records such as driver logs or vehicle maintenance reports.
• Delaying Tactics: Attempting to run out the statute of limitations, which in Alabama is generally two years from the date of the accident.

At Marsh, Rickard & Bryan, we know how to counter these strategies and hold companies accountable.

Pursue the Compensation You Deserve

We help clients seek the maximum compensation available for:

• Medical Expenses: Covers current and future medical treatment, surgeries, and rehabilitation.
• Lost Income and Earning Capacity: Compensates for wages lost due to your inability to work and any future income loss due to reduced earning capacity.
• Pain and Suffering: Acknowledges the emotional distress, anxiety, and diminished quality of life resulting from the accident.
• Property Damage: Recovers costs associated with repairing or replacing your vehicle.

In some cases, punitive damages may be awarded if the truck driver or company displayed extreme negligence or recklessness, such as driving under the influence or falsifying safety records.

Birmingham Truck Accident Infographic

Birmingham Truck Accident Statistics

According to the National Safety Council (NSC), more than 5,000 tractor-trailer (18 wheelers) are involved in fatal crashes in the country each year. That number continues to rise every year. In fact, there has been an almost 50 percent increase in fatal truck crashes compared to just 10 years ago.

If you or a loved one has been injured, contact our office to speak with one of our Birmingham truck accident lawyers to find out what type of financial compensation you may be entitled to. Many of these crashes result in serious to catastrophic injuries and the financial impact on families can be devastating

Birmingham Truck Accident FAQs

Will My Case Go to Trial?

Whether a truck accident case goes to trial depends on various factors, such as the complexity of the case, the willingness of parties to negotiate, and the strength of evidence. Many cases are settled out of court through negotiations between lawyers and insurance companies. However, if a fair settlement cannot be reached, your lawyer may recommend taking the case to trial to pursue the compensation you deserve. At Marsh | Rickard | Bryan, LLC, our preparation for trial is thorough and extensive.

What if the Trucking Company Disputes Liability?

If the trucking company disputes liability in your case, it can complicate the legal process. Your truck accident lawyer will investigate thoroughly, gathering evidence such as witness statements, accident reports, and possibly expert testimony to support your claim. They will negotiate with the trucking company’s insurance and legal representatives to establish liability and seek fair compensation for your injuries and damages. If a settlement cannot be reached, your lawyer may advise pursuing litigation, where the evidence gathered will be presented in court to argue your case effectively and advocate for your rights against the trucking company’s defenses.

Can I Sue for Punitive Damages in a Truck Accident Case?

You may be able to sue for punitive damages if the actions of the truck driver or the trucking company are deemed reckless, which is called wanton conduct, or if a death occurred. Punitive damages are intended to punish the defendant and deter similar misconduct in the future by the defendant and others like them. Your truck accident lawyer will assess the circumstances of your case to determine if punitive damages are warranted. Factors such as the severity of the negligence, recklessness, or intentional wrongdoing involved in causing the accident will influence whether punitive damages can be pursued as part of your overall compensation claim.

Should I Accept the Insurance Company’s First Settlement Offer?

Don’t sign anything without first speaking with an attorney. Initial settlement offers are often lower than what you may be entitled to for your injuries, damages, and losses. Your attorney can assess the offer in relation to the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future care needs. They can negotiate with the insurance company to seek a fair and comprehensive settlement that adequately compensates you for all current and future losses resulting from the truck accident.

Have you been harmed in a truck accident? Your case may be more complicated than a traffic collision between two private drivers. However, these cases require specific knowledge and skill – which we possess. Contact Marsh | Rickard | Bryan, LLC today for a free consultation with an experienced Birmingham truck accident lawyer.

Why Do I Need a Truck Accident Lawyer?

Our firm has a proven track record of success in truck accident cases. With decades of experience in Alabama courtrooms, we have recovered millions of dollars for our clients. When you choose us, you are choosing a team that prioritizes your story, your recovery, and your future. We take the time to understand the full extent of your injuries and losses, allowing us to advocate effectively on your behalf. Our compassionate, client-centered approach means that your needs come first, and we will fight tirelessly to secure the compensation you deserve.

Birmingham Truck Accident Glossary

If you’ve been involved in a truck accident, understanding the legal terms and processes can be challenging. Below, we break down several key terms frequently encountered in truck accident cases to help you better understand your rights and options when working with our Birmingham, AL truck accident lawyer.

Negligent Hiring

Negligent hiring is a concept in truck accident law where a trucking company may be held responsible if it hires drivers without adequately vetting them. Trucking companies are expected to verify the qualifications, driving records, and histories of their drivers. If a company hires a driver with prior traffic violations, substance abuse issues, or other problematic behaviors, and that driver is later involved in an accident, the company may be liable for negligent hiring. This can include instances where the company failed to check for valid commercial driver’s licenses or overlooked previous employment history that indicated a risk. When negligent hiring is a factor, the injured party may pursue compensation from the trucking company, especially if evidence shows a nexus between the driver’s past conduct and the collision.

Respondent Superior

Under the doctrine of respondent superior, an employer can be held liable for the actions of its employees if those actions were carried out within the scope of their employment. This is particularly relevant in truck accident cases. If a truck driver causes an accident while operating the vehicle within the line and scope of their employment, the trucking company may be held accountable for any damages. This legal principle allows victims not only to file claims against the individual driver but also to pursue compensation from the employer. The rationale behind this doctrine is that employers are in a better position to bear the financial burden of accidents caused by their employees. Thus, it can provide a broader scope for recovery in cases where the truck driver alone may not have sufficient resources to cover the damages.

Federal Motor Carrier Safety Administration Violations

The FMCSA sets regulations to enhance the safety of commercial trucking operations, and any violations of these rules can be pivotal in truck accident litigation. Common FMCSA violations include breaches in Hours of Service (HOS) regulations, which dictate how long a driver can operate a vehicle before taking mandatory rest breaks. Other violations involve insufficient vehicle maintenance, failure to perform mandatory drug and alcohol testing, and non-compliance with safety inspections. When a trucking company or driver fails to adhere to FMCSA regulations, it can significantly bolster a victim’s case. By demonstrating that these violations contributed to an accident, plaintiffs may strengthen their claims for compensation.

Punitive Damages

Punitive damages are awarded in addition to compensatory damages in cases where a defendant’s conduct is found to be particularly reckless or wanton. Examples might include operating a vehicle while impaired, falsifying safety records, tampering with vehicle monitoring devices, or knowingly allowing a driver with a history of serious offenses to continue operating trucks. The purpose of punitive damages is to punish the wrongdoer and deter similar conduct in the future. However, these damages may only be awarded in cases where there is clear evidence of egregious misconduct.

Accident Reconstruction Analysis

Accident reconstruction is often an essential process in determining the cause of a truck accident. Attorneys often collaborate with individuals in this field to collect and analyze evidence such as black box data, skid marks, ECMs, and surveillance footage. These individuals apply scientific principles to reconstruct the sequence of events leading up to and during the collision. For instance, black box data can reveal the truck’s speed, braking patterns, and engine performance right before the crash. Skid marks can indicate whether the driver attempted to stop or change direction suddenly. The findings from accident reconstruction can be crucial in establishing fault, especially in cases where multiple parties may be involved. This analysis helps build a strong case by pinpointing the actions or failures that contributed to the accident, thereby helping to determine liability.

What Are Common Causes Of Truck Accidents In Alabama?

Truck accidents happen for many reasons, often leading to severe injuries and property damage. The size and weight of commercial trucks make them more dangerous in collisions, especially on highways and busy roads. Knowing the most common causes of these accidents can help us understand what factors contribute to crashes and why legal action may be necessary. An Alabama truck accident lawyer can offer guidance and assistance from our firm too.

How Does Driver Fatigue Contribute To Truck Accidents?

Truck drivers spend long hours on the road, and fatigue is a major cause of accidents. Federal regulations limit driving hours, but some drivers push beyond these limits to meet deadlines. Fatigue reduces reaction time, impairs judgment, and increases the risk of falling asleep at the wheel. When a truck driver is too tired to focus, the chances of a serious accident increase.

Can Speeding And Aggressive Driving Lead To Truck Accidents?

Speeding is one of the leading causes of accidents involving commercial trucks. Large trucks require more distance to stop, and driving too fast makes it harder to react to sudden traffic changes. Aggressive driving, such as tailgating or unsafe lane changes, also increases the risk of collisions. When a truck driver does not allow enough space between vehicles, accidents can happen in an instant.

How Does Improper Truck Maintenance Affect Road Safety?

Trucks travel thousands of miles each week, and proper maintenance is necessary to keep them safe. Worn-out brakes, faulty steering systems, and underinflated tires can all cause accidents. When trucking companies or drivers neglect routine maintenance, mechanical failures can lead to crashes. Poorly maintained trucks put everyone on the road at risk. If you’ve been affected by a truck accident then reach out to an Alabama truck accident lawyer from our firm today.

Why Is Distracted Driving Dangerous For Truck Drivers?

Distractions take a driver’s attention away from the road, increasing the chance of a crash. For truck drivers, distractions can include using a phone, adjusting GPS systems, or eating while driving. Even a momentary lapse in attention can be enough to cause a serious accident. Given the size and weight of trucks, any distraction can have devastating consequences.

How Does Poor Cargo Loading Impact Truck Accidents?

Improperly loaded cargo can shift during transit, making a truck difficult to control. Overloaded trucks can also cause tire blowouts or brake failures. Cargo that is not secured correctly may spill onto the roadway, creating hazards for other drivers. Trucking companies and drivers must follow weight limits and secure loads properly to prevent accidents.

Truck accidents can result in significant injuries and financial losses, and determining liability is not always straightforward. If we or a loved one has been injured in a crash, working with an Alabama truck accident lawyer can help us understand our options. Marsh | Rickard | Bryan, LLC has experience handling truck accident claims and can assist with seeking fair compensation. Contact us today for a consultation and let us help with our case.

Marsh | Rickard | Bryan, LLC, Birmingham Truck Accident Lawyer

2222 Arlington Ave S Suite 210, Birmingham, AL 35205

Contact Our Birmingham Truck Accident Lawyer Today

At Marsh | Rickard | Bryan, LLC, we prioritize helping our clients understand their legal rights and options after a truck accident. Our team works diligently to investigate all aspects of your case, exploring every potential source of liability.

If you or a loved one has been involved in a truck accident, contact us today to discuss your case and learn about your legal options. We’re here to support you in pursuing the compensation you deserve. Contact our firm to schedule an appointment to discuss legal options following a serious trucking accident. We are ready to put our team of experienced trial attorneys to work for you.

Client Review

“Choosing the firm of Marsh, Rickard and Bryan was one of the best decision I ever made. Attorney Jeff Rickard, Cathy Chancellor and the entire team were fantastic! Any questions or concerns I had were answered and/or addressed promptly. I was very impressed with the professional service that this firm provided for me and the expertise with which concluded in a favorable outcome.”

Raynard Lawler